Quote from the article:-
If this person feels that the donor has reached a point where he or she can no longer cope, he or she can apply to the Public Guardianship Office (the PGO, the administrative arm of the Court of Protection) to have the EPA registered – and thereby gain certain powers to manage the donor’s affairs.This process is not automatic: power of attorney is granted only after rigorous scrutiny and the donor has a right to object.
Sorry but the bit in bold is completely misleading. By registering the EPA the attorney does not gain any more power over the donor's affairs (unless the EPA specifically states that it is not to be used until registered) and if no one objects to the registration there is no 'rigorous scrutiny'. Provided that the EPA is valid the PGO will simply register and send it back.
However it is true that registering an EPA does not remove all the donor's capacity to make a will, sign contracts etc.
The test for testamentary capacity is basically that the Testator (i.e. the person making the will) knows the value of their estate, who their family members are and the responsibilites owed to them, and is able to give clear instructions. This they may be able to do even if they can no longer write a cheque, pay bills and so forth.
One thing the Court will have looked at is whether the Solicitor (or will-writer in the above case
) enquired about the existence of a previous will and if there was a significant change that person should have heard major alarm bells ringing!
If there is any question of dementia and particularly where the terms of the will seem unusual, a doctor's opinion should be sought on the Testator's capacity.